[Numerous] FBI officers held a gun to Binney’s head as he stepped naked from the shower. He watched with his wife and youngest son as the FBI ransacked their home. Later Binney was separated from the rest of his family, and FBI officials pressured him to implicate one of the other complainants in criminal activity. During the raid, Binney attempted to report to FBI officials the crimes he had witnessed at NSA, in particular the NSA’s violation of the constitutional rights of all Americans. However, the FBI wasn’t interested in these disclosures. Instead, FBI officials seized Binney’s private computer, which to this day has not been returned despite the fact that he has not been charged with a crime.

When WikiLeaks published hundreds of thousands of classified diplomatic cables in 2010, government defenders were quick to insist that most of those documents were banal and uninteresting. And that’s true: most (though by no means all) of those cables contained nothing of significance. That, by itself, should have been a scandal. All of those documents were designated as “secret”, making it a crime for government officials to reveal their contents – despite how insignificant most of it was. That revealed how the US government reflexively – really automatically – hides anything and everything it does behind this wall of secrecy: they have made it a felony to reveal even the most inconsequential and pedestrian information about its actions.

This is why whistleblowing – or, if you prefer, unauthorized leaks of classified information – has become so vital to preserving any residual amounts of transparency. Given how subservient the federal judiciary is[33] to government secrecy claims, it is not hyperbole to describe unauthorized leaks as the only real avenue remaining for learning about what the US government does – particularly for discovering the bad acts it commits. That is why the Obama administration is waging an unprecedented war against it – a war that continually escalates – and it is why it is so threatening.

In light of this, it should not be difficult to understand why the Obama administration is so fixated on intimidating whistleblowers and going far beyond any prior administration – including those of the secrecy-obsessed Richard Nixon and George W Bush – to plug all leaks. It’s because those methods are the only ones preventing the US government from doing whatever it wants in complete secrecy and without any accountability of any kind.

Indeed, if you talk to leading investigative journalists they will tell you that the Obama war on whistleblowers has succeeded in intimidating not only journalists’ sources but also investigative journalists themselves. Just look at the way the DOJ has pursued and threatened with prison[45] one of the most accomplished and institutionally protected investigative journalists in the country – James Risen – and it’s easy to see why the small amount of real journalism done in the US, most driven by unauthorized leaks, is being severely impeded. This morning’s Washington Post article[46] on the DOJ’s email snooping to find the NYT’s Stuxnet source included this anonymous quote: “People are feeling less open to talking to reporters given this uptick. There is a definite chilling effect in government due to these investigations.”

For authoritarians who view assertions of government power as inherently valid and government claims as inherently true, none of this will be bothersome. Under that mentality, if the government decrees that something shall be secret, then it should be secret, and anyone who defies that dictate should be punished as a felon – or even a traitor[47]. That view is typically accompanied by the belief that we can and should trust our leaders to be good and do good even if they exercise power in the dark, so that transparency is not only unnecessary but undesirable.

But the most basic precepts of human nature, political science, and the American founding teach that power exercised in the dark will be inevitably abused. Secrecy is the linchpin of abuse of power. That’s why those who wield political power are always driven to destroy methods of transparency. About this fact, Thomas Jefferson wrote in an 1804 letter to John Tyler[48][emphasis added]:

“Our first object should therefore be, to leave open to him all the avenues of truth. The most effectual hitherto found, is freedom of the press. It is therefore, the first shut up by those who fear the investigation of their actions.”

About all that, Yale law professor David A Schultz observed[49]: “For Jefferson, a free press was the tool of public criticism. It held public officials accountable, opening them up to the judgment of people who could decide whether the government was doing good or whether it had anything to hide. . . . A democratic and free society is dependent upon the media to inform.”

There should be no doubt that destroying this method of transparency – not protection of legitimate national security secrets- is the primary effect, and almost certainly the intent, of this unprecedented war on whistleblowers. Just consider the revelations that have prompted the Obama DOJ’s war on whistleblowers, whereby those who leak are not merely being prosecuted, but threatened with decades or even life in prison for “espionage” or “aiding the enemy”.

Does anyone believe it would be better if we remained ignorant about the massive waste, corruption and illegality plaguing the NSA’s secret domestic eavesdropping program (Thomas Drake[50]); or the dangerously inept CIA effort to infiltrate the Iranian nuclear program but which ended up assisting that program (Jeffrey Sterling[51]); or the overlooking of torture squads in Iraq, the gunning down of journalists and rescuers in Baghdad, or the pressure campaign to stop torture investigations in Spain and Germany (Bradley Manning[52]); or the decision by Obama to wage cyberwar on Iran, which the Pentagon itself considers[53] an act of war (current DOJ investigation)?

Like all of the Obama leak prosecutions – see here[54] – none of those revelations resulted in any tangible harm, yet all revealed vital information about what our government was doing in secret. As long-time DC lawyer Abbe Lowell, who represents indicted whistleblower Stephen Kim, put it[55]: what makes the Obama DOJ’s prosecutions historically unique is that they “don’t distinguish between bad people – people who spy for other governments, people who sell secrets for money – and people who are accused of having conversations and discussions”. Not only doesn’t it draw this distinction, but it is focused almost entirely on those who leak in order to expose wrongdoing and bring about transparency and accountability.

That is the primary impact of all of this. A Bloomberg report last October[55] on this intimidation campaign summarized the objections this way: “the president’s crackdown chills dissent, curtails a free press and betrays Obama’s initial promise to ‘usher in a new era of open government.’”

The Obama administration does not dislike leaks of classified information. To the contrary, it is a prolific exploiter of exactly those types of leaks[56] – when they can be used to propagandize the citizenry to glorify the president’s image as a tough guy, advance his political goals or produce a multi-million-dollar Hollywood film about his greatest conquest. Leaks are only objectionable when they undercut that propaganda by exposing government deceit, corruption and illegality.

***

As FAIR put it this week[57], whatever else is true: “The only person to do time for the CIA’s torture policies appears to be a guy who spoke publicly about them, not any of the people who did the actual torturing.”

Despite zero evidence of any harm from his disclosures, the federal judge presiding over his case – the reliably government-subservient US District Judge Leonie Brinkema – said she “would have given Kiriakou much more time if she could.” As usual, the only real criminals in the government are those who expose or condemn its wrongdoing.

Exactly the same happened with revelations by the New York Times of the illegal Bush NSA warrantless eavesdropping program. None of the officials who eavesdropped on Americans without the warrants required by law were prosecuted. The telecoms that illegally cooperated were retroactively immunized from all legal accountability by the US Congress. The only person to suffer recriminations from that scandal was Thomas Tamm, the mid-level DOJ official who discovered the program and told the New York Times about it, and then had his life ruined with vindictive investigations[58].

This Obama whistleblower war has nothing to do with national security. It has nothing to do with punishing those who harm the country with espionage or treason.

It has everything to do with destroying those who expose high-level government wrongdoing. It is particularly devoted to preserving the government’s ability to abuse its power in secret by intimidating and deterring future acts of whistleblowing and impeding investigative journalism. This Obama whistleblower war continues to escalate because it triggers no objections from Republicans (who always adore government secrecy) or Democrats (who always adore what Obama does), but most of all because it triggers so few objections from media outlets, which – at least in theory – suffer the most from what is being done.

President Obama just like president Bush has made a conscious decision to allow the torturers, to allow the people who conceived of the tortures and implemented the policy, to allow the people who destroyed the evidence of the torture and the attorneys who used specious legal analysis to approve of the torture to walk free.

***

In this post 9/11 atmosphere that we find ourselves in we have been losing our civil liberties incrementally over the last decade to the point where we don’t even realize how much of a police state the United States has become.Ten years ago the thought of the National Security Agency spying on American citizens and intercepting their emails would have been anathema to Americans and now it’s just a part of normal business.

The idea that our government would be using drone aircraft to assassinate American citizens who have never seen the inside of a courtroom, who have never been charged with a crime and have not had due process which is their constitutional right would have been unthinkable. And it is something now that happens every year, every so often, every few weeks, every few months and there is no public outrage. I think this is a very dangerous development.

[20] prosecuted him for espionage: http://en.wikipedia.org/wiki/John_Kiriakou#Whistleblowing_on_torture

[21] targeted with extra-constitutional spying and driven out of office: http://www.washingtonsblog.com/2012/12/top-nsa-spying-chief-if-you-ever-get-on-their-enemies-list-like-petraeus-did-then-you-can-be-drawn-into-that-surveillance.html

[22] not to keep us safe: http://www.washingtonsblog.com/2012/03/government-power-being-used-to-stifle-dissent-not-to-keep-us-safe.html

[23] all torture is lousy at producing actionable intelligence: http://www.washingtonsblog.com/2012/04/9-torture-myths-debunked.html

[47] or even a traitor: http://www.huffingtonpost.com/2013/01/10/bradley-manning-ny-times-charges-enemy_n_2448911.html

[48] an 1804 letter to John Tyler: http://books.google.com.br/books?id=KkEyII4TeCgC&pg=PA17&lpg=PA17&dq=%22Our+first+object+should+therefore+be,+to+leave+open+to+him+all+the+avenues+of+truth.+The+most+effectual+hitherto+found,+is+freedom+of+the+press.%22&source=bl&ots=i-W_rCxS_g&sig=v_PuL2r7F5FKk-cPKLDgomB5A3E&hl=en&sa=X&ei=5SMFUf2TK4X28wSPdw&ved=0CDgQ6AEwAg#v=onepage&q=%22Our%20first%20object%20should%20therefore%20be%2C%20to%20leave%20open%20to%20him%20all%20the%20avenues%20of%20truth.%20The%20most%20effectual%20hitherto%20found%2C%20is%20freedom%20of%20the%20press.%22&f=false

[61] pretends that the truth is too complicated or dangerous for the public to know: http://www.washingtonsblog.com/2013/01/u-s-government-claims-that-the-situation-is-so-complicated-and-dangerous-that-it-must-act-on-secret-information-just-like-the-nazis.html